UPM Raflatac Pty Ltd

[2013] FWCA 3172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UPM Raflatac Pty Ltd
(AG2013/6388)

UPM RAFLATAC PTY LTD ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER WILSON	MELBOURNE, 21 MAY 2013

Application for approval of the UPM Raflatac Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UPM Raflatac Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UPM Raflatac Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UPM Raflatac Pty Ltd, an entity engaged in the manufacture and distribution of labels and tags, found itself before the Fair Work Commission in a matter concerning the approval of the UPM Raflatac Pty Ltd Enterprise Agreement 2013. The application for approval was brought by the company itself, seeking to formalise the terms of employment for its employees as per the proposed agreement. The dispute centred on whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and if it met the criteria for minimum standards of employment.

The legal issues before the Commission revolved around the adequacy of the proposed agreement in terms of its compliance with the statutory provisions and its alignment with the prescribed minimum standards. Key among these was the examination of whether the agreement appropriately balanced the interests of both the employer and the employees, particularly concerning issues such as pay rates, working conditions, and procedural fairness. The Commission had to determine if the agreement was fair and whether it contained any terms that were inconsistent with the relevant legislative framework.

In deliberating on the matter, the Commission carefully reviewed the contents of the agreement and assessed them against the statutory criteria. It found that the proposed agreement contained provisions that were consistent with the requirements of the Fair Work Act and that the agreement as a whole was fair and reasonable. The Commission concluded that the agreement did not contravene any provisions of the Act and that it met the necessary minimum standards of employment. Consequently, the Commission approved the UPM Raflatac Pty Ltd Enterprise Agreement 2013, thereby providing legal validity to the terms set forth in the agreement for the duration specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established